For one year I worked for a recruiting firm that recruited only for the health care industry. After my employer denied me a raise I resigned and took employment with another recruiting firm that recruits for the IT industry. My previous employer is now suing me saying I am in violation of our Non-compete agreement. It should be understood that I am recruiting for an industry my previous employer does not deal with nor does my current employer deal with recruiting in the health care industry. My question, am I in violation in this case? Thank you for your time.

1 answer  |  asked Apr 26, 2004 6:58 PM [EST]  |  applies to New York

Answers (1)

David M. Lira
The Wording is Key

Have you violated the non-compete agreement? I don't know. I haven't seen the agreement.

Whether you have violated any provision in a contract depends on the wording of the contract. As a result, an attorney cannot say whether a particular course of conduct violates a contract without seeing the precise wording of the contract.

Also bear in mind that you can technically be in violation of the agreement, but still win the case. That is because New York Courts are suspicious of non-compete provisions in employment agreements, and will not necessarily enforce them.

posted by David M. Lira  |  Apr 27, 2004 08:24 AM [EST]

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